You ask whether certain information is subject to required public disclosure under chapter
552 of the Government Code. Your request was assigned ID# 131932.

The Texas Workers' Compensation Commission (the "commission") received a request for
interview and test questions and the answers provided by the three top-ranked candidates for
a specific job posting. You claim that the requested information is excepted from disclosure
under section 552.122 (b) of the Government Code. We have considered the exception you
claim and reviewed the submitted information.

Section 552.122(b) excepts from disclosure test items developed by a licensing agency or
governmental body. In Open Records Decision No. 626 (1994), this office determined
that the term "test item" in section 552.122(b) includes any standard means by which an
individual's or group's knowledge or ability in a particular area is evaluated, but does
not encompass evaluations of an employee's overall job performance or suitability. Whether
information falls within the section 552.122(b) exception must be determined on a
case-by-case basis. Open Records Decision No. 626 at 6 (1994). Traditionally, this
office has applied section 552.122(b) where release of "test items" might compromise
the effectiveness of future examinations. Id. at 4-5; see also Open Records Decision
No. 118 (1976).

You indicate that the commission will use the same questions and preferred answers to
evaluate applicants in future interviews and state that "[t]hese questions/responses/skills test
were developed to evaluate an applicant's knowledge in specific areas." After reviewing the
submitted documents, we believe that four of the questions, numbered 1, 2, 3, and 5, their
rating criteria (preferred answers), and candidate answers, as well as the entire skills test,
preferred answers, and candidate answers are protected "test items." Those documents
measure the "skill, knowledge, intelligence, capacities, or aptitudes of an individual or
group" and are a "standard means by which an individual's or group's knowledge or ability
in a particular area is evaluated." Open Records Decision No. 626 at 6 (1994). Question
4 is not a "test item" as contemplated by section 552.122(b), and must be released; the
material "does not involve an evaluation of an applicant's knowledge in a particular area."
Id. at 8. The remaining information may be withheld under section 552.122(b). Id. at 8
(when answers to test questions might reveal the questions themselves, the information may
be withheld under section 552.122); see Attorney General Opinion JM-640 at 3 (1987).

This letter ruling is limited to the particular records at issue in this request and limited to the
facts as presented to us; therefore, this ruling must not be relied upon as a previous
determination regarding any other records or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the
governmental body and of the requestor. For example, governmental bodies are prohibited
from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the
governmental body wants to challenge this ruling, the governmental body must appeal by
filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the
full benefit of such an appeal, the governmental body must file suit within 10 calendar days.Id. § 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the
governmental body does not comply with it, then both the requestor and the attorney general
have the right to file suit against the governmental body to enforce this ruling.
Id. § 552.321(a).

If this ruling requires the governmental body to release all or part of the requested
information, the governmental body is responsible for taking the next step. Based on the
statute, the attorney general expects that, within 10 calendar days of this ruling, the
governmental body will do one of the following three things: 1) release the public records;
2) notify the requestor of the exact day, time, and place that copies of the records will be
provided or that the records can be inspected; or 3) notify the requestor of the governmental
body's intent to challenge this letter ruling in court. If the governmental body fails to do one
of these three things within 10 calendar days of this ruling, then the requestor should report
that failure to the attorney general's Open Government Hotline, toll free, at 877/673-6839.
The requestor may also file a complaint with the district or county attorney.
Id. § 552.3215(e).

If this ruling requires or permits the governmental body to withhold all or some of the
requested information, the requestor can appeal that decision by suing the governmental
body. Id. § 552.321(a); Texas Department of Public Safety v. Gilbreath, 842 S.W.2d 408,
411 (Tex. App.-Austin 1992, no writ).

If the governmental body, the requestor, or any other person has questions or comments
about this ruling, they may contact our office. Although there is no statutory deadline for
contacting us, the attorney general prefers to receive any comments within 10 calendar days
of the date of this ruling.